PACT BECTU Cinema Agreement 2014

PACT BECTU FREELANCE PRODUCTION AGREEMENT

Effective from 1st ???? 2014

This is the Pact/Bectu Freelance Production Agreement for the engagement of crew on Theatrical Release Feature Film productions. This agreement sets out the terms and conditions for work in respect of hours, breaks, holidays etc.

CONTENTS [TO BE CHECKED IN FINAL VERSION] Clause Subject Page 1. Preamble 3 2. Recognition 3 3. Solving Problems 3 4. Confidentiality 4 5. Copyright 4 6. Ways of Engaging and Paying Individuals 4 7. Scheduling 6 8. Travel 8 9. Travel by Air 10 10. Providing and Paying for Meals 10 11. Holiday Entitlement 11 12. Insurance 11 13. Force Majeure 12 14. Disputes Procedures 12 15. Sickness and Injury 13 16 Bullying & Harassment 14 17. Review of the Agreement 14 18. Termination of the Agreement 14

Q. Wasn’t the 2003 ‘blue book’ agreement better than this? A. Apart from some air travel conditions that now lack their Guidance Notes, the provisions of this proposal are more advantageous than the 2003 agreement. The minimum rates are considerably higher The travel time provisions are now a minimum requirement at all budget levels, as are the night working provisions. There are enhanced requirements for the producer to provide access and information to the union. There is even a time scale for the payment of fees/wages. 1 PREAMBLE This agreement is made on 1 ????? 2014 between, on the one part, the Broadcasting, Entertainment, Cinematograph & Theatre Union (BECTU), whose registered office is 373-377 Clapham Road, London SW9 9BT and on the other part the Producers Alliance for Cinema and Television (PACT) whose registered office is 3rd. Floor, Fitzrovia House, 153-157 Cleveland Street, London W1T 6QW. The text of this agreement refers to a person engaged under the terms of this agreement as the Individual, and to the individual person or company engaging persons under the terms of this agreement as the Producer. The purpose of this agreement is to regulate relations between producers and individuals engaged in the UK film-making industry, to optimise the number of productions and job opportunities and monitor working conditions. Pact and BECTU pledge to use their best endeavours to ensure this agreement is honoured and maintained by members.

2 RECOGNITION 2.1 PACT and the Producer agree to recognise BECTU for the purposes of collective bargaining on pay and other conditions of engagement for those engaged to work on feature films in the capacities listed in the Authorised Rate Cards attached to this agreement. 2.2 OBLIGATIONS OF RECOGNITION For the purposes of this section 2, PACT refers to PACT and the Producer, and BECTU refers to the Union, its members and other Individuals engaged under the terms of this agreement. BECTU, its members and other Individuals engaged under the terms of this agreement agree to recognise PACT for the same purposes.

Q. Does t h is m eans t hat “o t h er ind iv id uals” m ay m ean p ersons

w ho are

neit her m em b ers o f PACT or BECTU m ay b e com m it t ed t o t he

t erm s o f t h is

agreem ent ?

A. Th is m eans t hat an non -m em b er o f BECTU m ay b e req uired t o

accep t t he cond it ions o f t he agreem ent f o r a cer t ain p rod uct ion .

Q. What hap p ens if t he p rod ucer is no t a PACT m em b er ?

Q. What is t o st op non PACT p rod ucers f rom engaging crew und er

t h is

agreem ent yet ref using t o co -op erat e w it h BECTU?

A. Not h ing p reven t s non -PACT m em b ers f rom t ry ing t o negot iat e

t heir ow n d eals, t hey just have t o f ind a crew t hat is good enough

w ho w ill accep t it . How ever , m ost f i lm s are regist ered w it h PACT

even if t he p rod uct ion com p any is no t a PACT m em b er , w h ich

p ut s t hat ind ivid ual p rod uct ion und er t he PACT f o ld and

accep t ance o f t he t erm s o f t he agreem ent und er t h is regist rat ion

m eans t hat t he d isp ut es p roced ure co m es in t o p lay and w it h it

BECTU invo lvem ent . If a p rod uct ion chooses t o w ork out sid e t he

agreem ent t hey w ould no t b e p ro t ect ed f rom d isp ut es t hat lead

t o st op p ages et c.

Q. What hap p ens if t he w orker no t a BECTU m em b er?

Q. If non BECTU m em b ers are com m it t ed t o w orking und er t h is

agreem ent

w ill BECTU und er t ake t o rep resen t non m em b ers in a d isp ut e?

A. NO, o f course no t . Non -BECTU ind iv iduals m ay b e req uired t o

use t he d isp ut es p roced ur e in t he agreem ent w it hout un ion

rep resen t at ion . In a d isp ut e BECTU can on ly rep resen t t hose crew

w ho are t heir m em b ers. BECTU, how ever , w ill t ake in t o

m em b ersh ip and act on a ret rosp ect ive case if t hat p erson p ays

one years b ack sub scr ip t ion .

Q. Bear ing in m ind t hat by law you cannot f o rce any w orker t o

jo in a t rad es

un ion . What r igh t s d o non BECTU m em b ers have in t h is

agreem ent ?

A. The p rovisions o f t he agreem ent m ay b e p ar t o f t he

engagem ent con t ract and have t he sam e st at us as any o t her

clause in t hat con t ract . If a non -m em b er is o f f ered such a con t ract

and t urns t hat con t ract d ow n t hat is t heir op t ion .

3 SOLVING PROBLEMS 3.1 Both PACT and BECTU shall submit any differences or disputes in relation to engagements under this agreement in accordance with the Disputes Procedure (section [14]) in a timely manner, and agree to use this procedure and no other until that procedure is exhausted. 3.2 Pre-Production Procedures The Producer shall provide such information about the production as agreed from time to time between PACT and BECTU to allow for good faith determination of the appropriate budget band of the feature film. Such information may be provided to Pact by providing copies of letters and/or documentation as follows: 1. Confirmation of the bonded budget (excluding contractual charges: bond and contingency);

2. Budget level for the purposes of the low budget provisions under the Pact-Equity cinema agreement

3. The written opinion of a recognized auditor advising on the tax credit applicable to the production;

4. Confirmation of the budget level/band from the insurers to the production 5. Any other reasonable third party opinion on the budget level and/or band 3.3 Co-operation & Procedural Arrangements It is accepted and understood that unit representatives may be elected or appointed from time to time. Unit representatives will be given reasonable facilities to enable them to represent the interests of Individuals in connection with the work for which they are engaged. Subject to obtaining the Producer’s prior consent to attend which shall not to be unreasonably witheld, BECTU officials will be provided with reasonable facilities to allow meetings with members during break periods and will comply with the Producer’s reasonable directions and/or requests. Any such meetings shall take place in a manner that does not involve disruption and /or interruption of work. Officials may be required to sign confidentiality agreements when seeking access to closed sets or other sensitive sites. Reasonable facilities will be offered for Individuals who are Union members to meet in connection with the work for which they are engaged. Such meetings will normally take place outside working hours without interruption of work. 3.4 Providing information The Producer shall make available copies of this agreement to Individuals engaged under its terms.

4 CONFIDENTIALITY BECTU, its officials (when visiting productions), its members and Individuals engaged under the terms of this agreement agree not to divulge or share with any person trade secrets or information that is reasonably considered as being confidential in nature or which is obtained as a result of their engagement and/or in connection with the work they are engaged to perform or that could be regarded as confidential or imparted in circumstances giving rise to an obligation of confidentiality.

5 COPYRIGHT An Individual engaged by the Producer shall grant all necessary rights and consents as the Producer may reasonably require under the Copyright, Designs & Patents Act 1988.

Q. Does t h is ap p ly on ly if p rod ucer ab id es b y t er m s o f t he

agreem ent ? For

exam p le, if f ee is unp aid d o r igh t s st ill t ransf er t o t he Prod ucer?

A. Th is is covered b y cop yr igh t law and can on ly b e d ealt w it h by

t he civ il cour t s in t he sam e w ay as if t he agreem ent d id no t exist .

In t h is sense it is just a re-st at em ent o f English law .

6 WAYS OF ENGAGING AND PAYING INDIVIDUALS Individuals may be hired on Fixed Term Engagements, Open Ended Engagements or a combination of the two.

6.1 Fixed Term Engagements Individuals may be hired on an engagement to work a specified number of weeks and/or days.

The engagement can start on any day of the week and may be terminated by one week's notice or without notice in accordance with the provisions of clause 6.4. Payment in lieu of notice shall be for one week or the remainder of the contract, whichever is less.

Daily engagements: Where daily hires are not confirmed by 3pm the day before

commencement, the Individual is deemed to have not been hired and can accept other work.

Q. What happens if the dailies are split shifts, night work, basic days or coninuus days?

A. This does need clarification and the accommodation of various different shift patterns as it will most often effect prep and wrap departments.

6.2 Open-Ended Engagements Individuals are hired to work from a specified start day until the contract is terminated either

on one week's notice by either party or without notice in accordance with the provisions of clause 6.4.

6.3 Letters of Engagement Where possible, the Producer shall issue the Individual with a letter of engagement on or

before the first day of the engagement. Failing this the Producer shall issue the Individual with a written memorandum (which can be by email) on or before the first day of the engagement which shall include:

* Name of Employer * Name of the Individual/loan out company (if applicable) * Grade or job title * Start date of engagement * Base (and whether any changes foreseen to Base) * Whether engagement is for number of weeks/days or whether it is an Open Ended

Engagement * Basic rate of pay excluding holiday pay * Overtime rate * Holiday entitlement (days) * Start date of the Pay Week * Number of guaranteed hours of work to which the basic rate of pay refers * That the terms and conditions of the contract shall comply with all the terms of the

PACT/BECTU Agreement * Treatment of Public Holidays (whether these shall be UK or local holidays on Overseas

Location(s)) Thereafter the Producer shall issue the Individual with a letter of engagement no more than one quarter of the way through the engagement or within six weeks of the start of the engagement, whichever is the shorter. The letter of engagement should only be delayed beyond this period in the most exceptional circumstances. The financial terms of the letter of engagement should be no less favourable than the terms of any memorandum. It is understood and agreed that the Individual's letter of engagement may address some of the matters also provided for in this agreement. The terms of the Individual’s letter of engagement shall take precedence provided that this does not conflict with or undermine the financial terms provided for under this agreement.,.

Q. Does t h is con f irm t hat w orking cond it ions con t ained in t he

agreem ent can b e m od if ied t o t he advant age o f t h e p rod ucer as

t he

let t er o f engagem ent t akes p reced ence?

A. It clear ly says t hat any var iat ion cannot m ean t hat you are p aid

less. The m ain p rovision t hat is envisaged b y PACT as likely t o

req uire var iat ion is t he enhanced p r ivacy / con f id en t ialit y

req uirem ent s o f h igh p ro f ile US p rod uct ions. The p rod uct ion m ay

req uire o t her var iances t o such t h ings as hours, locat ions and

t ravel, and o t her m at t ers on w h ich t he agreem ent is silen t , b ut

on ly if t hey d o no t lessen your rem unerat ion . 6.4 Misconduct In the event of gross misconduct on the part of the Individual, or a material breach of contract (including but not a limited to a breach of confidentiality) the Producer may summarily terminate any engagement made under the terms of this agreement. The Producer will not be subject to any financial liability, beyond that of payments due in respect of work done up to the time the engagement is ended. If the Individual considers the dismissal to be unfair or wrongful, he/she has the right to seek redress through the Disputes Procedure (Section [14]), during which time the Individual shall be suspended without pay pending the exhaustion of this procedure. 6.5 Payment Where an Individual is hired on a weekly basis, the first Pay Week shall start on the first day of the engagement or shall be such day as nominated by the Producer. Subject to signature of a letter of engagement (where issued), the Producer agrees to pay sums owing to the Individual as follows: Schedule E/PAYE engagements: On weekly and daily engagements, payment of the week’s/day’s basic pay shall be made promptly (normally one week in arrears) with any additional monies owing from overtime hours and other variables being paid within 14 days of receipt by the Producer of a valid and undisputed written evidence of sums claimed. Where the pay frequency varies from payment one week in arrears, the Producer shall promptly advise Individuals of the frequency that applies. Schedule D/loan-out company engagements: Payment will be made as soon as possible on receipt by the Producer of a valid and undisputed invoice from the Individual or the loan out company contracted to provide an individual’s services.

Q. Why do Schedule „D‟ workers not benefit from payment within 14 days? A. PACT gave no answer to this.

7 SCHEDULING 7.1 Principles governing scheduling 7.1.1 Individual schedules (a) All references to scheduling in this agreement apply to an Individual’s schedule of working

hours, not to a schedule of shooting hours. When scheduling, Producers should take careful account of the hours needed for preparation before the shooting day/night starts and for wrapping after the shooting day/night has finished and of hours needed for travel to/from any Base and location.

(b) Producers shall endeavour to give individuals the rest and other breaks set out in this agreement. It is understood between Producers and crew that there may be occasions where due to matters such as but not limited to access to facilities, talent, weather, labour and where there is a need for continuity of service or production, breach of rest breaks is unavoidable. In such cases, Producers shall endeavor to ensure that Individuals receive appropriate rest at the earliest available opportunity and that breached rest periods are taken into account when scheduling periods of work.

Q. Why d oes t he p rod ucer on ly have t o “end eavor ” t o p rovid e

b reaks and is

no t com p elled t o?

A. Th is is just a rest at em ent o f t he Working Tim e Regulat ions. The

law st at es t hat any f ailure t o g ive t he req uired rest b reaks

req uires com p ensat o ry rest .

Q. What is t he p enalt y f o r f ailure t o p rovid e b reaks?

A. Clause 7.5 and t he WTR‟s p rovisions f o r com p ensat o ry rest

ap p ly.

7.1.2 Guaranteed Day The guaranteed day shall be for no less than 8 hours excluding meal breaks. However, in the case of grade one (1), the minimum daily call shall be for no less than 10 hours excluding meal breaks. 7.1.3 Guaranteed Week A guaranteed week shall be for no less than 40 hours excluding meal breaks. However, in the case of grade one (1), the minimum weekly call shall be for no less than 50 hours excluding meal breaks.

Q. Would crew b e exp ect ed t o w ork an 8 hour d ay d ur ing p re -

p rod uct ion and

w rap ? Though t h is m ay no t b e a bad t h ing t he q uest ion m ust b e

asked

w het her crew w it h est ab lished f inancial ob ligat ions could af f o rd

t o b e p aid less

f o r t hese p er iod s. Could it m ean t hat som e crew w ould no t w ant

t o w ork p rep rod uct ion o r w rap ? Because in a st andard 12 hour

d ay 8 hours are p aid at

single t im e one hour o f lunch is unp aid and 3 hours are at 1.5T t h is

could

m ean t hat com p ensat ion could eq uat e t o around 40% less.

Because t he 40

hour w eek exclud es m eal b reaks t he w orker w ould act ually b e at

w ork f o r 45

hours.

A. YES it could m ean t h is, b ut on ly if you can f ind crew t o w ork

t h is w ay. The o ld (2003) agreem ent has an 8hr day / 40hr w eek

st ruct ure, b ut has anyone used it since it w as f ir st signed in 1991

(p arcé “Dako t a Road ”).

Q. When crew are called in f o r daily rat e w ork could t hey af f o rd t o

on ly b e

p aid 8 hours? It could b e m ore cost ef f ect ive f o r a p rod ucer t o

em p loy 2

ind iv id uals f o r a long d ay (2 x 8 hours) t han t o p ay 1 p erson f o r 16

hours (8

hours at 1T and 8 hours at 1.5 T). Would it b e ob ligat o ry t o t ake a 1

hour

unp aid b reak?

A. Th is w as very t horough ly d iscussed dur ing t he negot iat ions.

Alt hough it w as t heoret ically p ossib le t o op erat e a d oub le sh if t

syst em PACT d eclared t hat it sim p ly w ould no t w ork. It w ould

m ake o rgan izat ion in t he Ad s, Cost um e and Make-up d ep ar t m ent s

m ore d if f icult an d ult im at ely m ore cost ly . The on ly p ract ical case

w e could com e up w it h w as a gr ip s crane crew b eing sched uled

f o r a single sho t af t er w h ich t hey w ould leave b ef o re t he m ain

crew . As I am sure you w ill know , t he Gr ip s w ould no t d rop t heir

rat e f o r such a cir cum st ance! 7.2 Overtime Overtime hours may be contracted in advance by a Producer and shall be paid at the overtime rate (subject to the applicable overtime cap) on daily contracts where more than 8 hours of work is performed and on weekly contracts where more than 40 hours of work is performed. Where not contracted in advance, overtime hours worked shall only be paid where requested or approved in advance by the Producer or the Producer’s nominated representative. Overtime shall be paid in 15 minute increments and shall be subject to any applicable overtime cap (as set out below).

An Individual’s overtime rate shall be: (a) on weekly engagements: 1.5T of the hourly rate paid according to their hourly rate for working

a guaranteed 40 hour week (whether individually negotiated or the rates shown in the appropriate rate card);

Q. Does this mean I will not get £50/hr anymore? A. The £50/hr rate was only paid on higher budget productions at times when the camera shooting ran over. This proposal gives OT for all the hours that an individual works beyond their individual contracted hours whether or not the camera shooting runs over. (b) on daily engagements 1.5T of the hourly rate paid according to their hourly rate for working a

guaranteed 8 hour day (calculation as being 1/5 of the guaranteed 40 hour rate whether individually negotiated or the rates shown in the appropriate rate card); and

(c) in both (a) and (b) above subject to a cap (the “overtime cap”) which is equal to the hourly overtime rate (based on the guaranteed 40 hour rate) payable for Grade 19 of the relevant rate card.

Q. Sound s like a cer t ain am ount o f over t im e is com p ulsory if

con t ract ed . What

hap p ens if f o r w hat ever reason an ind iv id ual has a p ersonal

com m it m ent and

w ant s t o w ork on ly 8 hours on a p ar t icular d ay o r 40 hours a

p ar t icular w eek?

A. Like any norm al con t ract und er UK law , if you con t ract t o

sup p ly a cer t ain num b er o f hours you are ob liged t o sup p ly t hem .

Like any o t her w orkp lace in any o t her ind ust ry, i f you have any

sp ecial cir cum st ances you w ill need t o negot iat e an y var iat ion t o

your hours w it h t he p rod uct ion . (i.e. by ar ranging f o r a colleague

t o cover your ab sence.). It should also b e no t ed t hat over t im e

cannot b e aggregat ed . Your con t ract ed d ay is your con t ract ed

d ay, everyt h ing b eyond t hat is OT.

Q. Und er cur ren t cust om & p ract ice a 12 hour d ay includ es 1 hour

f o r lunch

(11 shoot ing hours) m aking 55 hour w eek. If t he cur ren t w eekly

rat e w ere t o

b e d iv id ed b y 55 t hen m ult ip lied by 40 is t h is t he guaran t eed

w eekly rat e? For

exam p le, a crew m em b er cur ren t ly earn ing £2500 p er w eek w ould

get £45.15

p er hour and £1818 f o r a 40 hour w eek. It should b e no t ed t hat as

t here is an

over t im e cap o f £48 p er hour in t he p rop osed agreem ent

m ean ing t hat at t h is

rat e t he crew m em b er w ould never get m uch m ore t han single

t im e over t im e

even on 7t h d ay w orking. Would a crew m em b er cur ren t ly earn ing

£3000 p er

w eek (£54.54) p er hour act ually b e get t ing a low er rat e f o r all

hours w orked

af t er 8 hours?

If you w ere t o consid er t hat in a 12 hour d ay t here are 8 hours

w orked at

st raigh t t im e, 3 hours o f T x 1.5, and 1 hour unp aid lunch t hat

w ould eq uat e t o

12.5 hours m aking an ef f ect ive 62.5 hour w eek. Wit h t h is

calculat ion a

crew m em b er earn ing £2500 w ould have an ef f ect ive hour ly rat e

o f £40. Wit h

an over t im e cap o f £48, T x 1.5 could never b e ach ieved , even

t hough it has

b een used t o calculat e t he hour ly rat e. At any rat e over £3000 p er

w eek

over t im e is less t han single t im e.

Because o f t he “over t im e cap ” it is m islead ing t o say t hat

over t im e is at 1.5T

b ecause t h is w ould on ly ap p ly t o low er p aid grad es p ar t icular ly if

t he rat e card

is show ing m in im um rat es rat her t han scale rat es.

A. A 12hr d ay is calculat ed as 8 x 1T + 3 x 1½ T (= 12½ hrs o f single

t im e p ay). A 55hr w eek is calculat ed as 40 x 1T + 15 x 1½ T (= 62½

hrs o f single t im e p ay). Th is is only o f use w hen calculat ing your

rat e f o r hours b eyond t he con t ract ed hours. The £48 m axim um OT

rat e has t he sam e ef f ect as t he cur ren t p ract ice o f paying £50/h r

t o t he w ho le crew if your con t ract rat e is m ore t han t he m in im um

f o r group 19 grad es. Yes, as now , you w ill b e w orking f o r less

d ur ing over t im e t han d ur ing t he rest o f t he d ay. The crew w ho

w ill loose out are t hose w hose rat es are b elow t he m in im um f o r

group 19 grad es, w ho w ill on ly get 1½ t im es t heir p ersonal rat e

w h ich w ould b e less t han £48. (PACT w ere t o ld in no uncer t ain

t erm s t hat t hose get t ing £50/h r OT now w ill st i ll w an t t hat no

m at t er w hat t he agreem ent says). 7.2.1 Grace Period At the end of a scheduled working period, the goodwill of the crew may be called upon to complete a set-up that has already been started up to a maximum of 15 minutes for no additional payment.

Q. What is t he reason ing f o r a 15 m inut es grace p er iod ? Th is is

und erst and ab le if over t im e is calculat ed in one hour p er iod s b ut

is no t

ap p licab le if p aid in 15 m inut e increm ent s.

How is t h is in t he sp ir it o f w orkers b eing p aid f o r all hours w orked

if p rod ucers

are asking f o r 15 m inut es f ree everyd ay?

A. The grace p er iod is a con t inuat ion o f exist ing p ract ice. Your

p o in t s w ere p ut t o PACT. The on ly d if f erence now is t hat w hen a

p rod uct ion goes over b y 16 m inut es t here is a f inancial incen t ive

t o w rap af t er 30 m inut es OT rat her t han f eeling t hat t hey have

p aid f o r t he f u ll hour so m ust use it all. Once t hat 16 m inut e p o in t

has p assed t he w orker is in t he second 15 m inut e p aym ent p er iod ,

so any over t im e p aym ent w ill st ar t as t w o 15 m in . paym ent s. 7.2.2 Overtime Beyond the Grace Period After the grace period, all overtime worked (including the grace period) shall be paid at the overtime rates and increments set out in clause 7.2. 7.2.3 Early Call (daily engagements only) Where an individual engaged on a daily contract is not required to work more than 8 hours in that day, hours worked before 0700, shall be paid at the individual’s overtime rate. 7.3 Standard Day Schedules Each of the following options will be paid at 11 hours. 12hr day: A working day of 11 working hours with one hour unpaid meal break. 10.5hr Semi Continuous Day: A 10.5hour day scheduled as 10 hours work with a thirty minute paid meal break. CWD: A CWD shall be 10 working hours without a formal break or general cessation of work but

allowing for a rest break of no less than 20 minutes, the timing of which shall be arranged by the Individual within their department.

Q. What incen t ive is t here f o r w o rker t o w ork w it hout a b reak? On

a CWD

w here a 20 m inut e b reak is ar ranged w it h in a d ep ar t m ent is t here

a p roviso

t hat ad eq uat e crew m ust b e em p loyed w it h in t hat d ep ar t m ent t o

f acilit at e t h is?

For exam p le should t here need t o b e A & B cam era t eam s?

A. The incen t ives and d isadvant ages o f t hese sched ules are t he

sam e as t hey are now . While it m ay b e p ossib le f o r crew in o t her

d ep ar t m ent s t o „t ag -t eam ‟ t o cover ind iv id uals lunch b reaks, t here

is no incen t ive f o r a p rod uct ion t o have any ad d it ion cam era crew

em p loyed t o cover t heir b reak. Eit her t he shoo t st op s f o r 20

m inut es, as hap p ens now , o r on a t w o cam era crew it m igh t b e

p ossib le t o cover t he b reak w it h a single cam era set up .

7.3.1 Work on 7th consecutive day: Where an Individual works all 7 days within a contractual Pay Week, the Individual will be paid at double their daily contract rate for all hours worked on the 7th day subject to any applicable overtime cap.

Q. Could 7t h d ay p aym ent could b e less t han single t im e, as hours

p aid are

sub ject t o t he over t im e cap (£48 hour at t he h ighest )? Th is could

m ean t hat a

m axim um o f £384 is p aid f o r 8 hour d ay o r £528 f o r 12 hour day as

on ly 11

hours are p aid and one hour unp aid lunch . A CWD on a 7t h day t he

m axim um

p ayab le could b e £480.

A. Th is is t he case. PACT w ere in f o rm ed in no uncer t ain t erm s t hat

t h is w ould b e a very negat ive conseq uence o f t he m axim um OT

cap . How ever , a CWD is paid as 11hrs not 10hrs so w ould have a

m axim um o f £528 also . 7.4 Night Work Any period of shooting scheduled to finish after midnight shall constitute Night Work and shall be compensated as below. Shooting finishing after midnight but not scheduled as such (for example due to overtime) does not constitute Night Work.

Q. Why w ould a p rod ucer sched ule n igh t w ork rat her t han just

w ork as

unsched uled over t im e? Would t h is m ean t hat shoo t ing f in ish ing

af t er m id n igh t

on a Fr iday b ef o re a rest day m akes Sat urd ay unp aid as t here is no

ob ligat ion

t o p rovid e a t urnaround d ay.

A. For a st and ard 12hr d ay t o b e „unsched uled ‟ b eyond m id n igh t it

m ust st ar t at o r b ef o re 1200hrs (noon). A CWD w ould st ar t at o r

b ef o re 1400hrs. If a p rod uct ion t hought t hat t heir „n igh t w ork‟

need ed t o st ar t t h is ear ly t hey m igh t t ry t h is sor t o f p ract ice. On

such d ays t he hours b eyond m id n igh t w ould b e p aid as OT, (Fr id ay

n igh t o r no t ). Such over t im e w ould m ean t hat t he next d ay could

no t st ar t un t il 11 h rs af t er w rap . Ad d 24hrs t o t hat f o r each

sched uled rest d ay. (a) The payment below shall be made at the end of 5 consecutive periods of Night Work: Rate card Payment Budget

1 £100 £40 mill+ 2 £100 £30-40 mill 3 £80 £20-30 mill

4 £80 £10-20 mill 5 £60 £6-10 mill

6 £60 £3-6 mill 7 £50 £1.5-3 mill 8 £50 £1-1.5 mill Micro £25 Under £1 mill

(b) At the end of each block of Night Work (regardless of duration), each Individual shall be paid a Turnaround Period of 8 hours at single time, which can be used for travel provided no less than 11 hours rest is provided between the end of Night Work and commencement of travel and the end of the period of travel and the beginning of the next working period. Payment for travel time (as set out in Clause 8.2.B) will not apply where travel takes place on a day during which payment is made for a Turnaround Period.

Q. Cur ren t ly a t urnaround d ay is paid at 12 hou rs. Would crew s

t ravel on a

t urnaround d ay? Could it b e p ossib le f o r a crew t o w rap at 2.00

am on

locat ion , sleep un t il 1.00pm , t hen t ravel f o r up t o 8 hours and

have an 8.00 am

call next d ay?

A. Th is is a lessen ing o f t he m in im um cond it ions on b ig b ud get

f i lm s b ut it d oes no t st op 12hrs b eing p aid , if t hat is negot iat ed by

t he crew . It is an ad vant age on lesser b ud get p ict ures t hat

cur ren t ly d o no t p ay a t urnaround at all. Your scenar io is

t heoret ically p ossib le. It w ould b e t he q uickest t hat a p rod uct ion

could use a t urnaround d ay t o claw b ack t o d ayt im e w orking. 7.5 Scheduled Rest Period (a) The scheduled break between an individual's working periods shall be no less than 11 hours. (b) The schedule for each 7 day period shall normally include at least one scheduled rest day. The

scheduling of rest days at intervals of more than 7 days should only occur where circumstances render such scheduling the only reasonable and necessary option. In such circumstances no less than two rest days shall be scheduled within a two week period

(c) Where there is a breach of scheduled rest periods Producers retain the right to amend the working schedule where required in the interests of production subject to making any infringement payments.

(d) Each hour worked in breach of a scheduled rest period will be paid at the individual’s overtime rate subject to the appropriate cap.

(e) An Individual’s entitlement to payment for a Turnaround Period is separate to the entitlement to rest in accordance with the provisions of this Clause 7.5 (Scheduled Rest Period)

7.6 Bank Holidays (a) Where a Bank or Public Holiday falls within a week for which an Individual has been engaged

that holiday shall be paid at the Individual’s daily contract rate and the Producer may credit that day as paid leave against the Individual’s holiday entitlement.

Q. Does t h is m ean t hat p aym ent f o r a bank ho liday w ill b e

d ed uct ed f rom

accum ulat ed ho lid ay en t it lem ent ?

A. If a bank ho lid ay is act ually t aken o f f it w ill b e p aid ho liday and

t hat p aym ent w i ll com e f rom your ho lid ay p ay (as it d oes in any

o t her ind ust ry w here b ank ho lid ays are d ays o f f ). Ho liday

en t it lem ent is calculat ed as 28 d ays p er year p ro rat a. The 28 d ays

includ e all UK b ank ho lid ays. This is t he m in im um p aym ent

cond it ion . There is no t h ing in t he agreem ent p reven t ing crew

f rom negot iat ing b et t er t erm s.

Q. My ho liday pay should b e f o r m e t o t ake ho lid ays w hen I w ant

t o b et w een job s. Why d o I have t o loose m y ho liday pay f o r Bank

Ho lid ays d ur ing t he p rod uct ion?

A. UK law allow s em p loyers t o d ict at e ho lid ays d ur ing a w orking

p er iod . The on ly w ay round t h is w ould b e t o negot iat e your

ho lid ays w it h t he p rod uct ion . (b) Where the Individual is required to work on the Bank or Public Holiday, in addition to the

payment set out in sub-clause (a) above, they shall receive payment at their daily contract rate. If overtime is worked, it shall be paid in accordance with the provisions of Clause 7.2 (Overtime).

Q. Does t h is m ean t hat t he w orker w ill receive t he eq uivalen t o f 8

hours o f p ay

d ed uct ed f rom t he accum ulat ed ho liday en t it lem ent p lus

p aym ent f o r t he

hours w orked at t he ind iv id uals hour ly rat e @ T 1.5 b eing sub ject

t o t he

over t im e cap w h ich in som e cases could b e single t im e o r less

t han single

t im e?

A. Daily con t ract rat e m eans just t hat . If t he d ay is w orked it is no t

ho lid ay and is no t paid f rom ho lid ay ent it lem ent o r sub ject t o t he

OT cap . (c) A public holiday in any country (including United Kingdom Bank Holidays and local public

holidays in an Overseas Location) may only be considered as a Bank or Public holiday for the purposes of this clause where an Individual is working in that place at the time the holiday occurs. In such case, the Producer must elect to follow the bank or public holidays of either the UK or the Overseas Location and shall not be permitted to change this election while work continues in that country. However, the Producer may make a different election in respect of the treatment of bank and public holidays where during the course of shooting the unit moves from overseas location to another or returns to the UK, as applicable.

8 TRAVEL 8.1. Definitions

(a) Base is the work place where an individual will predominantly carry out their duties as designated in the letter of engagement or memorandum. Unless otherwise designated, Base shall be deemed to be the production base.

A Producer may nominate a different base for an individual during the preproduction and

production periods. A Producer can nominate more than one base for the purposes of production provided that

any subsequent base nominated is a recognised studio for the purposes of an individual working at that studio.

(b) A Resident Location is a place of work over 50 road miles from Base where an Individual cannot

be expected to travel each day between Base and that place. Overnight Accommodation: Producers shall take into account whether it is appropriate to offer

overnight accommodation to an individual giving due consideration to matters such as any request for overnight accommodation made by the individual, the length of that individual’s work day, the travel time between the location and Base and the call time of that individual’s next period of work. Where provided, such overnight accommodation shall be treated as Base for the purposes of travel and Clause [ 8.2 ] will apply.

(c) An Overseas Location is a place that is situated outside the United Kingdom and where the

individual cannot be expected to return to their Base each day.

8.2 Travel Provisions (a) No payments will be made for time spent or costs associated with travelling from: An individual’s home to and from: i) Base; or ii) any place within 30 road miles of Base

Q. If t h is p rop osed agreem ent is d esigned t o com p ensat e t he

w orker f o r all

hours w orked w hy are t hey b eing asked t o t ravel 30 m iles f rom

b ase f o r f ree?

A. Th is argum ent w as p ut st rongly t o PACT. All t hat can b e said is

t hat t h is is a m in im um f o r all levels o f b ud get and as such is b et t er

t han t he cur ren t p ract ice o f no paym ent at all. (b) Payment for Travel: if travel takes place for the purposes of work to a place more than 30 road

miles from Base (or place at which overnight accommodation is provided where Clause 8.1 (b) applies), time spent travelling from the 30 mile point to the place of work shall be compensated at single time or form part of the working day. Travel time assumes normal road traffic and weather conditions.

[URL link]

Q. What are norm al t raf f ic and w eat her cond it ions? It is norm al

f o r a journey

o f less t han 30 m iles f rom Pinew ood t o cen t ral Lond on t o t ake up

t o 2 hours at

cer t ain t im es.

A. The reason f o r calculat ing it t h is w ay is t hat rout e p lann ing

w eb sit es o r p rogram m es can b e used t o calculat e t he t im e f o r t he

journey in a w ay t hat p rod uct ions cannot argue w it h . Such

sit es/p rogram m es t ake in t o account average t ravel cond it ions

w hen calculat ing journey t im es, b ut d o no t account f o r t he

Lond on rush hour . The calculat ion is f rom or t o „b ase‟ no t „hom e‟.

The ad vant age here com p ared w it h cur ren t p ract ice is t hat

p aym ent f o r journeys b eyond 30 road m iles w ill b e a m in im um

p aym ent req uirem ent . Any p rod uct ion f ailing t o pay t h is

m in im um w ill b e sub ject t o a d isp ut e. Transport from Base to any location is the Producer’s responsibility, as is transport to the place

of work from an Individual’s accommodation on any Resident or Overseas location. This responsibility can be met either by the provision of appropriate transport, or, in cases where suitable public transport is used, by the repayment of the costs incurred by the Individual, subject to prior agreement between the Individual and the Producer.

Mileage costs (for use of own vehicle where approved in advanced by the Producer) shall be

reimbursed in accordance with HMRC guidelines. Where the Producer provides transport mileage costs will not be paid.

[URL link] (c) Travel on scheduled rest days: Where an Individual elects to return home on a scheduled rest

day when working at a Resident/Overseas Location, time and costs spent travelling will not be paid.

(d) Travel on non-shooting days: Where required by the Producer, time spent travelling on a non-

shooting day to, from or between a Resident and/or Overseas Location will be paid for at single time subject to a minimum of eight hour.

Q. Cur ren t ly a t ravel d ay is p aid at 1/5t h w eekly rat e if on 5 day

w eek. How is

t ravel t im e calculat ed ? From leaving hom e t o checking in at

ho t el? If t ravel

t im e is 16 hours w ill over t im e b e p aid ?

A. Travel t im e is calculat ed und er Clause 8.2(b ).: (b) Payment for Travel: if travel takes place for the purposes of work to a place more than 30 road

miles from Base (or place at which overnight accommodation is provided where Clause 8.1 (b) applies), time spent travelling from the 30 mile point to the place of work shall be compensated at single time or form part of the working day. Travel time assumes normal road traffic and weather conditions.

The reason f o r calculat ing it t h is w ay is t hat rout e p lann ing

w eb sit es o r p rogram m es can b e used t o calculat e t he t im e f o r t he

journey in a w ay t hat p rod uct ions cannot argu e w it h . The

calculat ion is f rom or t o „base‟ no t „hom e‟. The advant age here

com p ared w it h cur ren t p ract ice is t hat p aym ent f o r journeys

b eyond 30 road m iles w ill b e a m inim um p aym ent req uirem ent .

Any p rod uct ion f ailing t o p ay t h is m in im um w ill b e sub ject t o a

d isp ut e.

Q. Cur ren t ly a t ravel d ay is p aid at 1/5t h w eekly rat e if on 5 day

w eek w ill on ly

8 hours b e p aid f o r t ravel days even t hough con t ract ual hours are

12 p er d ay?

A. Dur ing t he p er iod o f a con t ract , a con t ract ed d ay is a

con t ract ed d ay no m at t er w hat it is used f o r .

8.3. RESIDENT & OVERSEAS LOCATIONS: Out of Pocket Expenses When working on a Resident or Overseas Location, the Producer will meet the actual and reasonable costs of pre-approved internet access where required for the purposes of work and will be subject to local agreement. The Producer will meet net mobile phone charges where incurred in connection with pre-approved work related calls on Overseas Locations: this may be done by provision of a local phone or card. Where the producer arranges for the provision of meals, makes arrangements for communication with crew and/or provides access to communications for the purposes of work and/or laundry, there will be no reimbursement of costs unless otherwise agreed in advance with the Producer. The

payment for and/or reimbursement of out of pocket costs shall be made in accordance with HMRC guidance.

Q. Bearing in mind that the intention of this proposed agreement is to compensate workers for all hours worked what payment will be made for rest days on location? In USA it is common practice to compensate crewmembers by paying 4 hours for each rest day on location. A. On UK based productions rest days on location have never been paid if they are rest not work. This has not changed.

9 TRAVEL BY AIR It is the Producer’s responsibility to make necessary bookings where Individuals are required to travel by air. All flights shall be on scheduled passenger services, or on charter flights with safety standards that conform to those of the United Kingdom Civil Aviation Authority

Q. What com p ensat ion is o f f ered in t h is agreem ent f o r a w orker

t o no longer

b enef it f rom b usiness class t ravel? If t h is is in t end ed t o help low

b ud get f i lm s

w hy no t just have t h is ap p ly t o low b ud get f i lm s on ly?

A. There never w as a req uirem ent t o p rovid e b usiness class t ravel

f o r f ligh t s longer t han 4 hours in t he o ld agreem ent . It w as on ly

m ent ioned in t he „Guid ance Not es‟ Ap p end ix A.6 and even t hen

p rod ucers w ere on ly asked t o “t ake cogn isance o f ” t h e st and ard

of seat ing. 9.1 Time off after air travel Producers shall take into account time changes and duration of travel in scheduling work following a period of air travel. For long-haul flights the Producer should take into account the standard of seating and services afforded by that airline.

Q. What d oes t h is m ean exact ly? Would t here b e 11 hours

b et w een checking

in at a ho t el and call? How p recisely w ould p rod ucers t ake in t o

account t he

st and ard o f seat ing and services af f o rded b y an air line?

A. Th is is vague b ecause it is im p ossib le t o d ict at e one set o f

cond it ions t hat w ill ap p ly t o all p rod uct ions. The clause gives t he

crew t he op en ing t o negot iat e t heir cond it ions o f t ravel

ap p rop r iat ely on each p rod uct ion . 9.2 Excess Baggage The Individual will be responsible for the cost of transportation of any excess baggage. Where such excess is caused by the carriage of pre-approved tools of the trade, or where agreed in advance between the Individual and the Producer, the cost of transportation of excess baggage will be the responsibility of the Producer.

Q. If an ind ivid ual is req uired t o t ransp or t p ro t ect ive clo t h ing o r

clo t h ing f o r a

long p er iod w ill t h is b e com p ensat ed f o r , p ar t icular ly w hen

t raveling on b ud get

air lines o r in a class o f t ravel w here allow ed b aggage is rest r ict ed

t o one

p iece?

A. Th is w ill have t o b e negot iat ed on a case b y case b asis. The

clause gives a guid eline f o r set t ling any d isp ut e as t o t he necessit y

o f any p ar t icular luggage.

10 PROVIDING AND PAYING FOR MEALS 10.1 Where the Individual is required to work away from Base as part of the shooting crew, the Producer will provide lunch, an agreed payment in lieu or shall reimburse the Individual the cost of lunch on production of a valid receipt (including VAT details where applicable). Payments and/or reimbursement of meal costs shall be subject to a reasonable maximum cost agreed in advance between the Producer and the Individual. Where no maximum cost has been agreed, payment will be made with reference to the HMRC guidelines provided that the Individual supplies valid receipts for the actual costs incurred. [URL link]

10.2 Where the engagement is for a 12 hour day, An Individual’s first meal break of one hour (where engaged to work a 12 hour day) or 30 minutes (on a 10.5hr Semi Continuous Day) will begin no later than 6 hours after the unit call which shall be subject to clause 10.5 in the event of delay or breach. 10.3 An Individual’s subsequent meal break of half an hour will begin within 6 hours of the end of the previous meal break. A delay or curtailment to the subsequent meal break shall result in the payment set out in clause 10.5. Where work continues for more than one hour following the end of a Continuous Working Day, the Producer shall endeavour to provide food and refreshments. 10.4 When a Continuous Working Period is scheduled, the Producer shall provide a running buffet offering meals to be taken without interruption of work. Each Individual shall have sufficient time to eat the meal provided, without interruption of production the timing of which shall be arranged by the Individual within their department. 10.5 Where there is a delay to or curtailment of a meal break, provided for in clause 10.2 or 10.3 above, the overtime provisions in clause 7.2 will apply. Q. Producers are only asked to ‘endeavour’ to provide meal breaks. What has happened to my NLB? A. The previous agreement only required a payment of £7.48p/ hr for a curtailed or missed meal break. So little that producers considered that it had already been rolled into your basic rate. Clause 10.5 provide for this to be paid at your OT rate.

11 HOLIDAY ENTITLEMENT 11.1 Individuals shall be entitled to 5.6 weeks of paid leave per annum, pro rata to length of contract. 11.2 The Producer may nominate days on which Individuals are required to take paid leave. Where such days of paid leave are taken during the course of an engagement, the Producer shall be entitled to make an appropriate deduction from the Individuals’ holiday entitlement accruing in connection with that engagement.

Q. It is unclear how ho liday en t it lem ent is calculat ed . Is t h is based

on 12.1%

o f 40 hour rat e? How is t h is p aid on d aily rat e? Und er cur ren t

cust om and

p ract ice paym ent f o r 6t h o r 7t h days is usually paid includ ing t he

am ount

w it hheld f o r ho lid ay en t it lem ent . Is t h is st i ll t he in t en t ion?

A. Ho lid ay p ay is calculat ed as a f ract ion o f your f u ll con t ract ed

rat e o f p ay (i,e, all con t ract ed hours includ ed , like 55hrs/w eek), no t

on a no t ional 40hr w eek. While t here is a req uirem ent in t he

regulat ions t o w it hho ld un t aken ho liday pay, if t he en t it lem ent

f o r 7t h d ay w orking is paid „up f ron t ‟ and no t w it hheld it is b ecause

i t is easier f o r t he account an t s and w ill rem ain so .

11.3 An Individual may request paid leave on particular day(s) and the Producer will give sympathetic consideration to any such request, but it is the Producer’s prerogative to determine if and when paid leave is taken during the term of the contract.

11.4 If an Individual has not taken their full holiday entitlement as paid leave by the end of their contract, the Producer will make a payment (“holiday pay”) equivalent to the Individual’s basic daily contract rate for the number of days and fractions of days not taken. 11.5 If at the end of their contract an Individual has taken more than their full holiday entitlement as paid leave, they may be required to repay to the Producer a sum equivalent to their basic daily contract rate for the number of days and fractions of days taken in excess. 11.6 An Individual on a daily contract or series of daily contracts is entitled to accrue a pro rata element of holiday entitlement for each day worked, which will always take the form of a payment of holiday pay.

12. INSURANCE 12.1 The Producer shall effect Employer’s Liability as required by law, and customary Public Liability (Third Party) Insurance. 12.2 The Producer shall effect adequate Personal Accident, Health and Personal Effects insurance for all Individuals required to work outside the United Kingdom. 12.3 In the event of the death of an Individual engaged under the terms of this agreement while on location in the United Kingdom or overseas it shall be the responsibility of the Producer to return the remains and the Individual’s personal effects to the last known residence of the deceased in the United Kingdom. 12.4 Overseas When required to render services outside the United Kingdom the Producer shall arrange for Individuals to be covered by an insurance scheme which provides minimum cover levels as set out below. For the purpose of this Clause the United Kingdom shall mean the mainland and coastal islands of England, Scotland, Wales and Northern Ireland. Personal Accident and Illness: Up to £62,500 for accidental death or permanent incapacity, and up to £200 per week for temporary incapacity after the first 7 days, up to a maximum of 52 weeks. Medical and Emergency Travel Expenses: up to £500,000 in respect of death injury or illness while on an overseas location. This would cover medical and hospital treatment, travel back to the UK, overseas travel and accommodation expenses, and funeral expenses incurred overseas (including returning remains to the UK). Personal effects: up to £1,000 for baggage and £200 for cash. For delayed baggage, up to £200 for replacement items. Items hired by the Producer from an Individual shall be insured under the Individual’s business insurance.

Q. This is what my life was worth 20 years ago. Should I not be worth more now?

A. This is under investigation. The 2003 agreement did not state figures.

13 FORCE MAJEURE If any cause beyond the control of the Producer shall prevent or stop work on the production or result in interruption or delay (including, but not limited to, fire, casualty, accident, riot or war, act of God, strike, lock-out, labour conditions, judicial order or enactment or incapacity or death of any leading artist, the producer, the director or a senior technician) the Producer shall after providing written notice to the Individual concerned, Pact and the appropriate full time official of BECTU be entitled forthwith to; Either Suspend the engagement:- (a) Such suspension will last as long as the event giving rise to it plus such further period not

exceeding 21 days as may reasonably be required by the Producer to prepare to resume using the Individual’s services or until the engagement is terminated;

(b) while it lasts, payments of remuneration under their engagement (other than remuneration due up to the date of suspension) will cease to fall due;

(c) the term of the Individual’s engagement will continue after the suspension ends (unless it ends by determination of this agreement) for the length of time unexpired when the suspension began;

(d) the individual will continue during the suspension to comply with all of their obligations under the terms of their engagement not affected by suspension and shall not without the prior consent of the Producer (such consent not to be unreasonably withheld) agree to render services to any other person during the continuance of such suspension.

Or Terminate the engagement as from the prevention or stoppage of production by notice in

writing within five working days of the prevention or stoppage upon payment of remuneration for all services rendered prior to the date of prevention or stoppage.

14. DISPUTES PROCEDURES 14.1 Disputes and differences arising between the Individual and the Producer. In the event that a dispute or difference about the terms of this agreement, or the terms of engagements under it arises between an Individual or Individuals and a Producer, either party to the dispute or difference, or BECTU or PACT, shall within twenty eight days of its cause having arisen, invoke the following procedure: a) every endeavour shall be made by the authorised representative of the Producer, the

authorised unit representative of BECTU (if any) and the Individual(s) concerned to resolve the matter at the place at which it has arisen. Failing such resolution within twenty four hours:-

b) the matter shall be referred to a senior representative of the Producer and the appropriate full

time official of BECTU, who shall, in consultation with the Individual(s) and the Producer’s representative(s) concerned, make every endeavour to resolve it. Failing such resolution within seventy two hours:-

c) the matter shall be referred to an industry panel consisting of two representatives each of

PACT and BECTU, who shall not be those directly concerned with the matter in dispute. This meeting shall be held within one week of either party receiving a written request for the meeting from the other.

The Chair of the panel shall alternate. Each member including the Chair shall have one vote. If

the decision of the panel is unanimous then it shall be binding. If the panel is unable to reach a

unanimous decision, and if either party wishes to pursue the matter, the following stage will apply:-

d) within seventy two hours either party may refer the matter to the Advisory, Conciliation and

Arbitration Service, for conciliation or by mutual agreement for arbitration. In the event that no reference is made to ACAS or elsewhere, or such reference fails to achieve an agreed or arbitrated outcome, the Disputes Procedure shall be exhausted.

14.2 The Producer and Individual agree to accept as final and binding any resolution of a dispute, reached under the Disputes Resolution procedure. No stoppage of work or lock-out shall take place until the procedure has been invoked and all stages of it exhausted, and the guiding principle shall be that whatever practice or custom was in operation before the registration of a dispute under this clause shall continue until the procedures laid down have been exhausted. Note: Reference to periods of twenty four and seventy two hours are to be interpreted as excluding Saturdays, Sundays and Declared Holidays.

15. SICKNESS AND INJURY 15.1 Notice and certification If an Individual is absent from work because of sickness or injury, he/she shall do everything possible to notify the Producer of that absence on the first day that it occurs. For periods of up to seven days, the Individual shall produce on his/her return a form of self-certification acceptable to the Producer or, if required by the Producer, a doctor’s certificate which will be paid for by the Producer. For periods over seven days the Individual shall provide a doctor’s certificate. 15.2 Medical examination The Producer may require an Individual who claims to be unfit, or who appears to the Producer to, be unfit for work, to be examined by the Producer’s Medical Officer (who shall be a suitably qualified medical practitioner), at the expense of the Producer. The Producer may be provided with the result of any such examination by a suitably qualified medical practitioner for the purposes of declaring the Individual fit or unfit for work. Such information shall remain strictly confidential to the Medical Officer, the Producer and the Individual. 15.3 Statutory Sick Pay: the Producer will pay Statutory Sick Pay (“SSP”) where an Individual’s engagement meets statutory qualifying criteria and where the Individual satisfied statutory requirements in connection with the payment of SSP.

16 BULLYING & HARASSMENT 16.2 Definitions Bullying is an abuse or misuse of power, involving offensive, intimidating, malicious or insulting behaviour intended to undermine, humiliate, denigrate or injure another. It can include hostile verbal or nonverbal communication, sabotage, exclusion, manipulation, and psychological or physical abuse. Acts carried out online or using social media networks, email, text or platforms that also amount to bullying Harassment is unwanted conduct related to characteristics such as age, disability, race, religion, sex or sexual orientation, which has the purpose or effect of violating a person’s dignity, or creating an intimidating, hostile, degrading, humiliating or offensive environment. It includes unwanted conduct

of a sexual nature which has that same purpose or effect and can include conduct which causes a person alarm or distress. Acts carried out online or using social media networks, email, text or platforms can also amount to harassment 16.3 Action Pact and BECTU recognise that the freelance nature of the film industry makes this issue particularly difficult. If an individual feels they are being bullied by a Head of Department on whom they rely for future employment, they may be reluctant to take it up. Equally, they may be reluctant to act if they feel they are being bullied by a peer who commands a position of power or authority in their freelance community. Nevertheless, we encourage any individual working in the industry, who believes they have been bullied or harassed, to bring it to the attention of an appropriate person who is able to take the matter forward. Depending on circumstances this may be a Head of Department; a Producer; or if the individual is a BECTU member, a BECTU full-time official. Any confidentiality requested by the complainant should be respected by the person to whom they bring the complaint. BECTU and PACT agree that complaints of bullying or harassment may be legitimate items to put into dispute for resolution through the Disputes Procedure. Where bullying takes the extreme form of threats of physical violence, or actual physical violence, it may become a criminal matter. We encourage any individual subject to such behaviour to seek legal advice.

17 REVIEW OF THE AGREEMENT Either party wanting to make changes to any of the terms and conditions in this agreement shall give the other no less than three months’ notice of its intention to seek changes but not prior to 1st May 2016. The three months’ notice period shall run from the point at which the party being asked for changes receives a written account of the changes requested. Both parties to this agreement undertake to review the operation of the agreement. Reviews of the pay schedule will take place from time to time but no more frequently than every year.

18 TERMINATION OF THE AGREEMENT If either party seeks to terminate this agreement, it shall do so by giving six months’ notice in writing of such termination but not prior to 1st May 2016. Until such time the agreement continues in full force and unaltered. It is open to either party during a period of notice of termination to apply for the agreement to remain in place pending completion of negotiations of a new agreement, or appropriate changes to the current agreement.

CONTACT NUMBERS FOR MORE INFORMATION ON THIS AGREEMENT Pact Tel: 020 7380 8230 Fax: 020 7504 8212 BECTU Head Office (London) Tel: 020 7346 0900 Fax: 020 7346 0925 Glasgow Tel: 0141 248 9558 Fax: 0141 248 9588 Manchester/Birmingham Tel. 0845 248 9588 Cardiff Tel: 029 20 666557 Fax: 029 20 666447

SIGNATORIES TO THE AGREEMENT For Pact: Signed by: ............................................... JOHN McVAY Chief Executive - Producers Alliance for Cinema & Television Signed by: ............................................... ??????? ????????? In the presence of: For BECTU: Signed by: ............................................... GERRY MORRISSEY, General Secretary Signed by: ...............................................

MARTIN SPENCE, Assistant General Secretary

PAY GROUPS 1 All Runners 2 Art Dept Junior Camera Trainee Costume Trainee Directors Assistant Electrical Trainee / junior

Jnr Costume Asst Make-up Traineee Producers Assistant Production Secretary Props Trainee / junior Script Supervisor's Assistant Sound Trainee / junior

3 2nd Assistant Editor 3rd Assistant Director Accounts Assistant/cashier Art Dept Co-ordinator Art Dept Assistant Asst Production Co-ordinator Costume Assistant Junior Make-up & Hair Location Assistant

4 Data Wrangler Video Playback Operator 5 Assistant Art Director Costume Dresser Costume Maker Nurse

Post Production Co--ordinator Sound Asst (3rd man) Unit Manager 6 Assistant SFX technician Asst. Location Manager Researcher

7 2nd Assistant Accountant Clapper Loader Draughtsperson 8 Assistant Costume Designer Dressing Props Graphic Artist

9 Illustrator Stand By Construction Stand By Costume Stand By Props Storyboard Artist 10 Make Up Artist Production Co-Ordinator

11 1st Assistant Accountant 2nd Assistant Director Senior Video Playback Operator Storeman/Asst Prop Master

12 Armourer Board Operator Boom Operator Chargehand Props

Electrician Post Prod. Supervisor Production Buyer Rigging Electrician Senior Make-up Artist SFX Technician Stand-by Art Director

13 1st Asst. Editor Art Director Convergence Puller DIT 14 ?Crane Technician? Grip Location Manager

Prop Master 15 Costume Supervisor Best Boy Electrician Best Boy Grip Rigging Gaffer Make Up Supervisor Scenic Artist

Script Supervisor Sculptor Set Decorator Stereographer AC 16 Focus Puller Production Accountant Stills Photographer

17 Dubbing Editor 18 1st Assistant Director Camera Operator Costume Designer Gaffer Hair & Make Up Chief/Designer

Key Grip

Production Manager Prosthetic Make Up Designer Senior SFX Technician Sound Recordist Supervising Art Director 19 Individual Negotiation => Casting Director

Director Director of Photography Editor Line Producer / UPM Production Designer SFX Supervisor

Q. Why is my grade in a different place to the old agreement? Why are there more divisions in the grade ladder? Does this mean that traditional parities more difficult to enforce? A. The new grade ladder is a work in progress and is based on current rates of pay worked back to the relevant 40hr week rate for each grade. The figures used were based on those received by BECTU in their thorough survey of pay and hours across all budget levels and were confirmed when the union got ACAS to put pressure on PACT to reveal their own confidential data on pay levels. There was considerable debate at the negotiations but in the end the data was the winner in any point of difference. If a grade is in a different relationship to other grades than has been its traditional position, it means that the relative rates of real pay have changed over the period from 1994 (when the last grade ladder was worked out) to the present day. The reality of this may be painful to those grades who have not had the market strength to keep pace with their traditional parity. However, the grade list is not without its errors and omissions. Some hierarchies may be incorrect and some difficult cases have good arguments on both sides. The way to deal with any problems with the grade list is not to just complain but to gather the evidence for the correct grade placement. We need evidence of relative pay and departmental work structures so that we can make the arguments to PACT for a better grade ladder.

PAY RATES FOR GIVEN BUDGET LEVELS

£40m+ Budget £30-40m Budget

Individual's Working Hours Individual's Working Hours 40 55 60 65 70 10 11 12 40 55 60 65 70 10 11 12 GROUP GROUP 1 260 407 456 505 553 72 81 91 1 260 407 456 505 553 72 81 91 2 357 558 625 692 759 98 112 125 2 345 539 604 669 734 95 108 121 3 434 679 760 842 923 119 136 152 3 420 656 735 814 893 116 131 147 4 516 807 904 1001 1097 142 161 181 4 499 780 874 968 1061 137 156 175 5 565 883 989 1095 1201 155 177 198 5 547 854 957 1059 1162 150 171 191 6 642 1004 1124 1245 1365 177 201 225 6 621 971 1087 1204 1320 171 194 217 7 711 1111 1244 1378 1511 196 222 249 7 688 1074 1203 1332 1461 189 215 241 8 740 1156 1295 1434 1573 204 231 259 8 716 1118 1252 1386 1521 197 224 250 9 800 1250 1400 1550 1700 220 250 280 9 774 1209 1354 1499 1644 213 242 271 10 836 1307 1464 1621 1777 230 261 293 10 809 1264 1415 1567 1719 222 253 283 11 893 1395 1563 1730 1898 246 279 313 11 864 1349 1511 1673 1835 237 270 302 12 960 1500 1680 1860 2040 264 300 336 12 928 1451 1625 1799 1973 255 290 325 13 1024 1600 1792 1984 2176 282 320 358 13 990 1547 1733 1919 2104 272 309 347 14 1047 1636 1832 2029 2225 288 327 366 14 1012 1582 1772 1962 2151 278 316 354 15 1077 1683 1885 2087 2289 296 337 377 15 1041 1627 1823 2018 2213 286 325 365 16 1114 1740 1949 2157 2366 306 348 390 16 1077 1682 1884 2086 2288 296 336 377 17 1163 1817 2035 2253 2471 320 363 407 17 1125 1757 1968 2179 2390 309 351 394 18 1205 1883 2109 2335 2561 331 377 422 18 1165 1821 2039 2258 2476 320 364 408 19 1280 2000 2240 2480 2720 352 400 448 19 1238 1934 2166 2398 2630 340 387 433 Maximum OT £48.00 Maximum OT £46.42

£20-30m Budget £10-20m Budget Individual's Working Hours Individual's Working Hours 40 55 60 65 70 10 11 12 40 55 60 65 70 10 11 12 GROUP GROUP 1 260 407 456 505 553 72 81 91 1 260 407 456 505 553 72 81 91 2 333 521 584 646 709 92 104 117 2 321 502 562 623 683 88 100 112 3 406 634 710 786 862 112 127 142 3 391 611 684 757 831 108 122 137 4 482 754 844 934 1025 133 151 169 4 465 726 813 900 988 128 145 163 5 528 825 924 1023 1122 145 165 185 5 509 795 891 986 1081 140 159 178 6 600 938 1050 1163 1275 165 188 210 6 578 903 1012 1120 1229 159 181 202 7 664 1038 1162 1287 1411 183 208 232 7 640 1000 1120 1240 1360 176 200 224 8 691 1080 1210 1339 1469 190 216 242 8 666 1041 1166 1290 1415 183 208 233 9 747 1168 1308 1448 1588 205 234 262 9 720 1125 1260 1395 1530 198 225 252 10 781 1221 1367 1514 1660 215 244 273 10 753 1176 1317 1458 1600 207 235 263 11 834 1303 1460 1616 1772 229 261 292 11 804 1256 1406 1557 1708 221 251 281 12 897 1401 1569 1737 1905 247 280 314 12 864 1350 1512 1674 1836 238 270 302 13 956 1494 1674 1853 2032 263 299 335 13 922 1440 1613 1786 1958 253 288 323 14 978 1528 1711 1895 2078 269 306 342 14 942 1472 1649 1826 2002 259 294 330 15 1006 1572 1760 1949 2138 277 314 352 15 969 1515 1696 1878 2060 267 303 339 16 1040 1625 1820 2015 2210 286 325 364 16 1002 1566 1754 1942 2130 276 313 351 17 1086 1697 1901 2105 2308 299 339 380 17 1047 1635 1832 2028 2224 288 327 366 18 1125 1759 1970 2181 2392 310 352 394 18 1085 1695 1898 2101 2305 298 339 380 19 1196 1868 2092 2316 2540 329 374 418 19 1152 1800 2016 2232 2448 317 360 403 Maximum OT £44.83 Maximum OT £43.20

£6-10m Budget £3-6m Budget Individual's Working Hours Individual's Working Hours 40 55 60 65 70 10 11 12 40 55 60 65 70 10 11 12 GROUP GROUP 1 260 407 456 505 553 72 81 91 1 260 407 456 505 553 72 81 91 2 311 485 544 602 660 85 97 109 2 307 480 537 595 652 84 96 107 3 378 591 661 732 803 104 118 132 3 374 584 654 724 794 103 117 131 4 449 702 786 870 955 124 140 157 4 444 694 777 860 944 122 139 155 5 492 769 861 953 1045 135 154 172 5 486 760 851 942 1033 134 152 170 6 559 873 978 1083 1188 154 175 196 6 552 863 967 1070 1174 152 173 193 7 619 967 1082 1198 1314 170 193 216 7 611 955 1070 1185 1299 168 191 214 8 644 1006 1127 1247 1368 177 201 225 8 636 994 1114 1233 1352 175 199 223 9 696 1088 1218 1349 1479 191 218 244 9 688 1075 1204 1333 1462 189 215 241 10 728 1137 1273 1410 1546 200 227 255 10 719 1124 1259 1394 1529 198 225 252 11 777 1214 1360 1505 1651 214 243 272 11 768 1200 1344 1488 1632 211 240 269 12 835 1305 1462 1618 1775 230 261 292 12 806 1260 1411 1562 1714 222 252 282 13 891 1392 1559 1726 1893 245 278 312 13 860 1344 1505 1667 1828 237 269 301 14 911 1423 1594 1765 1936 250 285 319 14 879 1374 1539 1704 1869 242 275 308 15 937 1464 1640 1815 1991 258 293 328 15 905 1414 1583 1753 1922 249 283 317 16 969 1514 1695 1877 2059 266 303 339 16 935 1461 1637 1812 1988 257 292 327 17 1012 1581 1771 1960 2150 278 316 354 17 977 1526 1710 1893 2076 269 305 342 18 1048 1638 1835 2031 2228 288 328 367 18 1012 1582 1771 1961 2151 278 316 354 19 1114 1740 1949 2158 2366 306 348 390 19 1075 1680 1882 2083 2285 296 336 376 Maximum OT £41.76 Maximum OT £40.32

£1.5-3m Budget £1-1.5m Budget Individual's Working Hours Individual's Working Hours 40 55 60 65 70 10 11 12 40 55 60 65 70 10 11 12 GROUP GROUP 1 260 407 456 505 553 72 81 91 1 260 407 456 505 553 72 81 91 2 278 435 487 540 592 77 87 97 2 261 407 456 505 554 72 81 91 3 326 509 570 631 692 90 102 114 3 304 475 532 589 646 84 95 106 4 361 565 633 700 768 99 113 127 4 336 524 587 650 713 92 105 117 5 396 618 693 767 841 109 124 139 5 368 574 643 712 781 101 115 129 6 450 703 787 871 956 124 141 157 6 418 652 731 809 887 115 130 146 7 498 778 871 964 1058 137 156 174 7 462 722 809 895 982 127 144 162 8 518 809 907 1004 1101 142 162 181 8 481 752 842 932 1022 132 150 168 9 560 875 980 1085 1190 154 175 196 9 520 813 910 1008 1105 143 163 182 10 585 915 1025 1134 1244 161 183 205 10 544 849 951 1053 1155 150 170 190 11 625 977 1094 1211 1328 172 195 219 11 580 907 1016 1125 1233 160 181 203 12 653 1020 1142 1265 1387 180 204 228 12 614 960 1075 1190 1306 169 192 215 13 666 1040 1165 1290 1414 183 208 233 13 625 976 1093 1210 1327 172 195 219 14 681 1063 1191 1319 1446 187 213 238 14 628 982 1099 1217 1335 173 196 220 15 700 1094 1225 1356 1488 193 219 245 15 646 1010 1131 1252 1373 178 202 226 16 724 1131 1267 1402 1538 199 226 253 16 668 1044 1169 1294 1420 184 209 234 17 756 1181 1323 1465 1606 208 236 265 17 698 1090 1221 1352 1483 192 218 244 18 771 1205 1350 1494 1639 212 241 270 18 711 1111 1244 1377 1511 196 222 249 19 794 1240 1389 1538 1686 218 248 278 19 730 1140 1277 1414 1550 201 228 255 Maximum OT £29.76 Maximum OT £27.36

£350k-1m Budget £ up to 350k Budget Individual's Working Hours 40 55 60 65 70 10 11 12 Minimum wage 1 – 5 260 407 456 505 553 72 81 91 6–12 352 550 616 682 748 97 110 123 13-17 400 626 701 776 851 110 125 140 18-19 430 672 753 833 914 118 134 151 Maximum OT £16.13

Q. Why is t h is no t t it led MINIMUM PAY RATES? There d oes no t ap p ear t o b e

any ref erence in t he agreem ent t hat q uo t ed rat es are m in im um and no t go ing

rat es.

If t he in t en t ion is f o r t h is agreem ent t o b e “cost n eut ral” w her e w ill t he f und s

d er ive f rom t hat w ill see t he service d ep ar t m ent s (Hair , Make Up, Cost um e

et c) p aid f o r hours t hat w ere p reviously unp aid ?

A. Th is is an oversigh t . It should b e m ade ab so lut ely clear t hat t hese are m in im um

rat es. As t o t he „service d ep ar t m ent s‟ t here w ill b e a p er iod o f d if f icult nego t iat ions

t o clar if y w hat o ld rat es act ually covered .

£81 worse off when being paid for 2 extra hours per day !!

CONCLUSION:

Though it is evid en t t hat it could b e advant ageous f o r b o t h p ar t ies t o agree an

hour ly p ay scale it w ould ap p ear t hat t h is p rop osed agreem ent is also looking

t o rem ove cond it ions t hat are cur ren t ly in exist ence f o r no com p ensat ion . It

w ould seem t hat t he b est so lut ion m ay b e t o agree cond it ions b ased on t he

p reviously agreed 2003 agreem ent b ut t o agree hour ly rat es. A m in im um rat e

scenar io w ould b e inef f ect ive and op en t o m isin t erp ret at ion t heref o re a scale

rat e as used in USA w ould b e p ref erab le and w ould allow t he p rod ucer t o

b ud get m ore accurat ely.

It w ould also ap p ear p ref erab le t o ret ain t he exist ing 2003 grad e st ruct ure.

Though w e m ay w ish t o em b race t he id ea o f a shor t er w orking w eek. This

agreem ent should no t b e seen as a w ay t o in t rod uce in f er io r w orking

cond it ions f o r no ad d it ional com p ensat ion . It w ould b e p ref erab le t o agree an

hour rat e st ruct ure in t he f ir st inst ance b ased on act ual go ing rat es and i n t he

f ut ure t o negot iat e t hese o t her cond it ions if necessary.

RECOMMENDATIONS:

The b est so lut ion in t he f ir st inst ance m ay b e t o ret ain t he cond it ions and

grad e lad d er t hat have already b een agreed in t he 2003 agreem ent b ut t o

d evise a w ay o f calculat ing hour ly rat es.

If t he aim is genuinely t o end t he long hours cult ure t hen t here can b e no

over t im e cap . There need s t o b e over t im e at 2T f o r 7t h d ay w orking and

p erhap s f o r any over t im e in excess o f 10 hours on a con t inuous w orking d ay.

For t he sake o f t ran sparency all rat es should b e q uo t ed w it hout ho lid ay

ent it lem ent , w h ich should b e ad d ed at t he p revailing rat e.

A. The un ion d id f igh t hard f o r a go ing rat es agreem ent . Af t er all w hat is t he p o in t

of a un ion t hat d oes no t nego t iat e it s m em b ers‟ rat es o f p ay . PACT w er e ad am ant

t hat it w as m in im um rat es o r t hey w alked aw ay. Th is m eans t hat a m in im um t erm s

agreem ent is t he b est t hat is on o f f er . Th is, t heref o re, m eans t hat if you com p are

cur ren t go ing rat es w it h t h e p rop osed m in im um t hen you w ill o f t en see a le sser

sum . The m in im um rat e is set f o r t he b o t t om end o f each b ud get b and and is t her e

as a baseline b elow w h ich t h ings cannot d rop . There is no t h ing in t he agreem ent

t hat st op s anyone negot iat ing a rat e h igher t han t h e m in im um . If your p rod uct ions

b ud get is h igh er t han t he low est p o in t o f t he b ud get b and no t on ly are you

en t it led t o argue f o r a h igher rat e, b ut it is assum ed t hat you w ill.

A. The m axim um over t im e cap d oes clash w it h t he cur ren t p ract ice o f p aying £50/h r

w hen t here is „cam era over t im e‟. Th is p o in t w as m ad e t o PACT b ut received one o f

t he st rongest negat ive react ions o f t he w ho le negot iat ions. It w ill have t o be seen

if crew s are st rong enough t o ho ld o n t o t he £50/h r rat e. The sm all gap b et w een

t h is and t he £48/h r cap w ill p rob ab ly m ake t h is t he f ir st cond it ion o f t he agreem ent

t o b e b roken (in t he crew s f avour !).